Ruling keeps Yucca Mountain alive

The Yucca Mountain nuclear waste plan was kept alive Tuesday when a panel of judges ruled the Obama administration does not have the authority to withdraw the project without permission from Congress.

Federal law requires the Department of Energy to apply for a waste repository license and for the Nuclear Regulatory Commission to evaluate the application and rule on its merits unless lawmakers decide otherwise, according to a three-judge board that hears commission licensing matters.

"We deny DOE's motion to withdraw the application," the judges said at the outset of a 53-page ruling. The Nuclear Waste Policy Act, which was passed in 1982, "does not give the secretary (of energy) the discretion to substitute his policy for the one established by Congress."

The decision is a setback for the Obama administration, which has been moving to shut down the Nevada project in fulfillment of a campaign pledge to Sen. Harry Reid, D-Nev., a longtime Yucca foe.